S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7636
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real property law, in relation to  establishing  the
   homeownership protection program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property law is amended by adding  a  new  section
 265-c to read as follows:
   § 265-C. HOMEOWNERSHIP PROTECTION PROGRAM.  1. LEGISLATIVE INTENT. THE
 LEGISLATURE   DECLARES  THAT  THE  ESTABLISHMENT  OF  THE  HOMEOWNERSHIP
 PROTECTION PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION IN  PERPE-
 TUITY  OF  NEW  YORK'S INVESTMENT IN ITS STATEWIDE NETWORK OF NON-PROFIT
 CIVIL LEGAL SERVICES PROVIDERS AND HOUSING COUNSELING AGENCIES  OFFERING
 A RANGE OF HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWN-
 ERS  IN  EVERY  COUNTY  IN  THE  STATE. THE PROGRAM IS ALSO NECESSARY TO
 ENSURE THAT THE STATUTORY MANDATES OF SECTIONS  THIRTEEN  HUNDRED  THREE
 AND  THIRTEEN  HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW AND RULE THIRTY-FOUR HUNDRED EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES  ARE FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES
 ARE AVAILABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS THIRTEEN HUNDRED
 THREE AND THIRTEEN  HUNDRED  FOUR  OF  THE  REAL  PROPERTY  ACTIONS  AND
 PROCEEDINGS  LAW  IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAIL-
 ABLE TO ASSIST HOMEOWNERS  ANSWERING  COMPLAINTS  AND  PARTICIPATING  IN
 MANDATORY  SETTLEMENT  CONFERENCES  PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO  ARE  FACING
 LOSS  OF  THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW  SHALL  ESTAB-
 LISH  THE HOMEOWNERSHIP PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF
 FREE HOUSING  COUNSELING  AND  LEGAL  SERVICES  TO  HOMEOWNERS  FOR  THE
 PURPOSES  OF  MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING, BUT NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-01-3
              

 A. 7636                             2
 
 LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, AS  A  TOOL  FOR
 PREVENTING DEED THEFT AND OTHER SCAMS TARGETED TO HOMEOWNERS, PREVENTING
 AVOIDABLE   FORECLOSURES   AND  DISPLACEMENT,  PRESERVING  HOME  EQUITY,
 PRESERVING HOMEOWNERSHIP ESPECIALLY IN COMMUNITIES OF COLOR, AND FOR ANY
 OTHER  PURPOSES  RELATED TO PRESERVING HOMEOWNERSHIP. SUCH PROGRAM SHALL
 BE FUNDED BY ANNUAL APPROPRIATION BY THE LEGISLATURE.
   (B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS  TO  ELIGIBLE  NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO  PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND  WORKOUT
 APPLICATIONS  AND  NEGOTIATIONS;  ASSISTANCE  IN APPLYING FOR ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN  MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION  AT  SETTLEMENT  CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE  TO  UNREPRESENTED
 LITIGANTS  WITH  ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS
 AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS  VICTIMIZED  BY  DEED  FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING,  AND  PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND
 ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE  AND  LOCAL  FAIR  HOUSING
 AGENCIES.
   3.  PROGRAM  ADMINISTRATION. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH
 CRITERIA FOR SELECTION OF GRANT APPLICATIONS,  REVIEW  APPLICATIONS  AND
 MAKE  AWARDS,  AND  EXERCISE  AND  PERFORM  SUCH  OTHER FUNCTIONS AS ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN-
 SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING  THEIR  HOMES,
 AND  LEGAL  SERVICES  ORGANIZATIONS,  TO PROVIDE COUNSELING SERVICES AND
 LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK  WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C)  THE  DEPARTMENT  OF LAW SHALL MAKE ONE-YEAR GRANTS TO ENSURE THAT
 HOUSING COUNSELING AND LEGAL SERVICES ARE AVAILABLE FREE  OF  CHARGE  TO
 HOMEOWNERS IN EVERY COUNTY OF THE STATE AND TO ENSURE THAT THE STATUTORY
 MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF
 THE  REAL  PROPERTY  ACTIONS  AND  PROCEEDINGS  LAW AND RULE THIRTY-FOUR
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D) THE DEPARTMENT  OF  LAW  SHALL  MAKE  ONE-YEAR  GRANTS  TO  ENSURE
 ADEQUATE  TRAINING,  TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE
 NOT-FOR-PROFIT  HOUSING  COUNSELING  AND  LEGAL  SERVICES  ORGANIZATIONS
 PROVIDING  SERVICES  UNDER THIS SECTION, AND TO ENSURE THE MANAGEMENT OF
 GRANTS AND SUPPORTIVE SERVICES SUCH  AS  TOLL-FREE  HOTLINES,  DEDICATED
 OUTREACH,  TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4. REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION  AND
 LEGAL  SERVICES  ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL
 REPORT TO THE DEPARTMENT OF LAW AND THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL NO LATER THAN SIXTY DAYS  AFTER  THE  END  OF  EACH  ONE-YEAR
 GRANT.  SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE FUNDS RECEIVED BY
 THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7636--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Housing -- recommitted to the Committee on Housing  in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to amend the real property law, in relation to establishing the
   homeownership protection program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 265-c to read as follows:
   § 265-C. HOMEOWNERSHIP PROTECTION PROGRAM.  1. LEGISLATIVE INTENT. THE
 LEGISLATURE  DECLARES  THAT  THE  ESTABLISHMENT  OF  THE   HOMEOWNERSHIP
 PROTECTION  PROGRAM  (HOPP)  IS  NECESSARY TO ENSURE CONTINUATION OF NEW
 YORK'S INVESTMENT IN ITS STATEWIDE NETWORK  OF  NON-PROFIT  CIVIL  LEGAL
 SERVICES  PROVIDERS  AND HOUSING COUNSELING AGENCIES OFFERING A RANGE OF
 HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY
 COUNTY IN THE STATE. THE PROGRAM IS ALSO NECESSARY TO  ENSURE  THAT  THE
 STATUTORY  MANDATES  OF  SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN
 HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW  AND  RULE
 THIRTY-FOUR  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE  LAW AND RULES ARE
 FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES ARE AVAIL-
 ABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS  THIRTEEN  HUNDRED  THREE
 AND  THIRTEEN  HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAILABLE TO  ASSIST
 HOMEOWNERS  ANSWERING  COMPLAINTS AND PARTICIPATING IN MANDATORY SETTLE-
 MENT CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.
   2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO  ARE  FACING
 LOSS  OF  THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW  SHALL  ESTAB-
 LISH  THE HOMEOWNERSHIP PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF
 FREE HOUSING  COUNSELING  AND  LEGAL  SERVICES  TO  HOMEOWNERS  FOR  THE
 PURPOSES  OF  MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING, BUT NOT
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-02-3
 A. 7636--A                          2

 LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING,
 AS A TOOL FOR PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED
 TO  HOMEOWNERS,  PREVENTING  AVOIDABLE  FORECLOSURES  AND  DISPLACEMENT,
 PRESERVING HOME EQUITY, PRESERVING HOMEOWNERSHIP, ESPECIALLY IN COMMUNI-
 TIES OF COLOR, AND FOR ANY OTHER PURPOSES RELATED TO PRESERVING HOMEOWN-
 ERSHIP.  SUCH  PROGRAM  SHALL  BE  FUNDED BY ANNUAL APPROPRIATION BY THE
 LEGISLATURE.
   (B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS  TO  ELIGIBLE  NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO  PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND  WORKOUT
 APPLICATIONS  AND  NEGOTIATIONS;  ASSISTANCE  IN APPLYING FOR ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN  MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION  AT  SETTLEMENT  CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE  TO  UNREPRESENTED
 LITIGANTS  WITH  ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS
 AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS  VICTIMIZED  BY  DEED  FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING,  AND  PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND
 ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE  AND  LOCAL  FAIR  HOUSING
 AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
 MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
   3.  PROGRAM  ADMINISTRATION. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH
 CRITERIA FOR SELECTION OF GRANT APPLICATIONS,  REVIEW  APPLICATIONS  AND
 MAKE  AWARDS,  AND  EXERCISE  AND  PERFORM  SUCH  OTHER FUNCTIONS AS ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN-
 SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING  THEIR  HOMES,
 AND  LEGAL  SERVICES  ORGANIZATIONS,  TO PROVIDE COUNSELING SERVICES AND
 LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK  WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
 AND LEGAL SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS  IN  EVERY
 COUNTY  OF  THE  STATE  AND  TO  ENSURE  THAT  THE STATUTORY MANDATES OF
 SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR  THAT  PURPOSE,  TO ENSURE ADEQUATE TRAINING,
 TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
 ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
 THIS SECTION, AND TO ENSURE THE  MANAGEMENT  OF  GRANTS  AND  SUPPORTIVE
 SERVICES  INCLUDING,  BUT  NOT LIMITED TO, TOLL-FREE HOTLINES, DEDICATED
 OUTREACH, TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE  TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4.  REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION AND
 LEGAL SERVICES ORGANIZATION RECEIVING A GRANT UNDER THIS  SECTION  SHALL
 REPORT TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS AFTER THE END OF
 EACH  ONE-YEAR  GRANT.    SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE
 FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.